Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1481 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1481 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Collective Membership Mark Form, Principal Register

Serial Number: 90327039

Filing Date: 11/18/2020

To the Commissioner for Trademarks:

MARK: SERVSAFE DINING COMMITMENT NATIONAL RESTAURANT ASSOCIATION 2020 (stylized and/or with design, see mark)
The literal element of the mark consists of SERVSAFE DINING COMMITMENT NATIONAL RESTAURANT ASSOCIATION 2020. The mark consists of a circle with a thick outline resting on a stand with a thick check mark and the year 2020. Inside the circle are the words ServSafe in small font, DINING COMMITMENT in large bold font with DINING in bigger font than COMMITMENT. Below the word ServSafe is the name National Restaurant Association in small font, and to its right are two intersecting crescents.
The applicant, National Restaurant Association Educational Foundation, a non-profit corporation legally organized under the laws of Illinois, having an address of
      2055 L Street, NW
      Washington, District of Columbia 20036
      United States
      XXXX

requests that the Collective Membership Mark identified above be registered with the USPTO on the Principal Register for the following:

International Class 200:  To indicate membership in an association program promoting the interest of restaurant owners by adhering to the National Restaurant Association Reopening Guidelines and providing customers with the assurance that the restaurant is carefully following the recommended local guidelines, has ServSafe certified employees and reassures customers that the restaurant is trained in new food and serving safety procedures

Use in Commerce: The applicant is exercising legitimate control over the use of the mark in commerce by the members in connection with the identified collective membership organization.

In International Class 200, the mark was first used by group members at least as early as 07/02/2020, and first used in commerce by its members at least as early as 07/02/2020, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce by its members in connection with the type of organization set forth above consisting of a(n) printout of a member's website showing use of the mark .

Original PDF file:
SPE0-1-98251514-202011172 10835611574_._Outback_Ste akhouse_.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

Applicant intends to control the use of the mark by the members as follows: Applicant controls the use of the mark by the members as follows: Applicant controls the use of the mark by the members as specified in the applicant's written provisions..


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1240672, 4561063, 4235415, and others.

The owner's/holder's proposed attorney information: James H. Johnson, Jr. Other appointed attorneys are Peter G. Pappas, Daniel J. Warren, William L. Warren, Ann G. Fort and Jeremy D. Spier. James H. Johnson, Jr of Eversheds Sutherland (US) LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      999 Peachtree Street, NE, Suite 2300
      Atlanta, Georgia 30309-3996
      United States
      404-853-8395(phone)
      404-853-8806(fax)
      todocketing@eversheds-sutherland.com
The docket/reference number is 16528-TBA.
James H. Johnson, Jr submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

James H. Johnson, Jr

PRIMARY EMAIL FOR CORRESPONDENCE: todocketing@eversheds-sutherland.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): vickybantug@eversheds-sutherland.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the collective membership mark sought to be registered; The applicant is exercising legitimate control over the use of the mark in commerce by the members, and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application by the members, in connection with the collective membership organization in the application; The specimen(s) shows the mark as used by the members in connection with the collective membership organization in the application and was used by the members in connection with the collective membership organization in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. AND/OR If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to exercise legitimate control over the use of the mark in commerce by the members, and was entitled to exercise legitimate control over the use of the mark in commerce by the members as of the application filing date; The applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by the members, and had a bona fide intention to exercise legitimate control over the use of the mark in commerce by the members as of the application filing date, in connection with the collective membership organization in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except for the members, and, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used in connection with the collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /James H. Johnson, Jr/   Date: 11/18/2020
Signatory's Name: James H. Johnson, Jr.
Signatory's Position: Attorney of Record, Georgia Bar member
Payment Sale Number: 90327039
Payment Accounting Date: 11/18/2020

Serial Number: 90327039
Internet Transmission Date: Wed Nov 18 12:02:27 ET 2020
TEAS Stamp: USPTO/CMM-XX.XXX.X.XX-202011181202272068
73-90327039-7503d10fb01f5b447eba19dab313
b1cb5995befbf5e5ab3f17e6917535e88cd-DA-0
2262722-20201117210835611574